Public Liability Insurance Online :: News
SHARE

Share this news item!

NSW Court Decision Escalates Liability Risks for Construction Industry

Developers and Builders Face Increased Exposure Following Landmark Ruling

NSW Court Decision Escalates Liability Risks for Construction Industry?w=400

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

A recent landmark ruling in New South Wales has significantly altered the liability landscape for the construction industry.
The court's decision removes the ability for developers and builders to rely on proportionate liability defences under the Design and Building Practitioners Act 2020 (DBP Act), thereby increasing their exposure to claims related to building defects.

The DBP Act, which came into effect on 1 July 2025, introduced a statutory duty of care that is non-delegable, retrospective, and applies to all buildings and participants involved in their construction, including individual employees and directors. This means that developers and builders are now fully responsible for any defects, regardless of whether subcontractors or other parties were involved.

The significance of this ruling lies in its clarification that breaches of the DBP Act's statutory duty create a vicarious-like liability. Consequently, builders and developers are accountable for the entire cost of rectifying defects, even if they were caused by subcontractors. This places the onus on them to pursue separate claims against subcontractors to recover costs.

Given these changes, it is advisable for construction companies and professionals to reassess their professional indemnity (PI) insurance to ensure it adequately covers the increased risks. Additionally, the industry must be prepared to strategically manage complex multi-party litigation, including cross-claims, to allocate remediation costs appropriately among responsible parties.

For small business owners, tradies, sole traders, event organisers, and contractors operating in the construction sector, this development underscores the importance of understanding the evolving legal landscape and ensuring that their insurance coverage is comprehensive and up-to-date. Engaging with insurance brokers or legal advisors can provide valuable insights into managing these heightened risks effectively.

Published:Friday, 20th Mar 2026
Author: Paige Estritori

Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.

Share this news item:

Rate this article

0 Comments

No comments yet. Be the first to share your thoughts.

Insurance News

What the Latest SME Insurance Index Means for Liability Cover
What the Latest SME Insurance Index Means for Liability Cover
04 Aug 2026: Paige Estritori
Vero’s latest SME Insurance Index has put a familiar small business challenge back in focus: many Australian operators know insurance is essential, but still find it difficult to judge whether their cover matches the risks they face. For businesses with public interaction, contractors, deliveries, site visits or customer premises exposure, that uncertainty can be especially costly if a third-party injury or property damage claim arises. - read more
Insurance Complaints Are a Reminder to Prepare Before a Claim
Insurance Complaints Are a Reminder to Prepare Before a Claim
28 Jul 2026: Paige Estritori
Recent complaint trends reported by the Australian Financial Complaints Authority have again put insurance claims service under the microscope. While much of the public attention often falls on home, motor and disaster-related cover, the message is just as relevant for small business owners: the moment a claim occurs is not the time to start working out what your policy requires. - read more
What Unfair Trading Reform Could Mean for Small Business Insurance Claims
What Unfair Trading Reform Could Mean for Small Business Insurance Claims
21 Jul 2026: Paige Estritori
Australia’s latest unfair trading practices reform has opened a fresh debate for the insurance sector, with small business advocates and insurers watching closely to see whether the new rules will eventually extend into business-to-business dealings. - read more
New Small Business Insurance Education Push Highlights Underinsurance Risk
New Small Business Insurance Education Push Highlights Underinsurance Risk
14 Jul 2026: Paige Estritori
A new alliance between the Victorian Chamber of Commerce and Industry and Zest Insurance is putting small business underinsurance back in the spotlight, with education, practical tools and risk resources to be delivered through the Chamber’s THRIVE program. - read more
Why Insurance Pricing Is Becoming More Client-Specific
Why Insurance Pricing Is Becoming More Client-Specific
05 Jul 2026: Paige Estritori
Australia’s commercial insurance market may be softening on the surface, but the latest industry commentary suggests small businesses should be cautious about assuming every policy will automatically become cheaper. The emerging message is that the old idea of a single hard or soft insurance market is giving way to a more targeted pricing environment, where insurers assess each line of cover, occupation, location and claims history in much greater detail. - read more


Business Insurance Articles

5 Things Every Restaurant Owner Needs to Know About Public Liability Insurance
5 Things Every Restaurant Owner Needs to Know About Public Liability Insurance
Every restaurant owner needs to be familiar with the term 'public liability insurance'. This type of insurance is designed to protect your business financially in case a customer or a member of the public suffers an injury or property damage as a result of your business operations. In a bustling restaurant environment, accidents can happen—the risk of slips, spills, and other mishaps is ever-present. - read more
Understanding Public Liability Insurance for IT Consultants: Risks and Mitigation
Understanding Public Liability Insurance for IT Consultants: Risks and Mitigation
Public Liability Insurance acts as a shield for businesses, and for IT consultants, it's a safeguard against the unforeseen legal costs and compensation payments arising from third-party claims. As professionals who offer expert advice and services, IT consultants face unique risks that can lead to liability claims. Having public liability insurance not only provides a financial safety net but also serves as a testament to the consultant's responsibility and professionalism. - read more
The Essential Role of Insurance in Protecting Your Small Business
The Essential Role of Insurance in Protecting Your Small Business
Running a small business in Australia comes with its own set of unique challenges. From managing cash flow to dealing with unexpected setbacks, the road to success can often be bumpy. Many small business owners find themselves constantly adapting to changing market conditions, customer demands, and economic pressures. - read more
Navigating Public Liability Insurance for Event Organizers: A Must-Read Guide
Navigating Public Liability Insurance for Event Organizers: A Must-Read Guide
Event organizing can be an exhilarating adventure, teeming with creativity and collaboration. However, with the buzz of activity and the gathering of crowds comes a significant responsibility to ensure the safety and well-being of attendees, staff, and the venue itself. This is where Public Liability Insurance becomes a pivotal part of an event organizer's toolkit. - read more
A Guide to Public Liability Insurance for Construction Businesses
A Guide to Public Liability Insurance for Construction Businesses
When embarking on a construction project, the potential for unexpected incidents and the associated liabilities cannot be ignored. Navigating through the intricate world of insurance might seem daunting, but understanding public liability insurance can save your business from financial peril. In the ever-evolving landscape of Australian construction, its significance cannot be overstated. - read more

Knowledgebase
Insurance:
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of potential financial loss.